exam revision Flashcards
What are rights?
They are principles of freedom + entitlement belonging to individuals.
How are rights protected by the law + legal system
legal rights are protected by the common law.
How well are rights protected?
They are protected through the australian constitution, the common law provides strong protection for free speech etc.
What does fairness + justice mean?
fairness + justice means that everyone has the right to a fair hearing, decisions based on law, not personal opinions. the application of rule of law (equality before the law).
How does the system aim to provide fairness + justice?
by ensuring that fair legal processes are taken place and everyone receives fair hearing, treated equally before the law.
why do we need laws to change?
we need laws to change the community for the better, for example, their safety and behaviour.
what is power?
the right to perform an act, to generate change by doing/not doing a certain act
who has power?
the constitution, the courts and the parliament balances out the power
how is power controlled by laws?
the senate and the house of representatives have equal amount of power, in respect of proposed laws.
Separation of powers
Legislature, Executive, Judiciary
What is the Legislature?
Parliament - makes laws
What is Executive?
Government - enforces the law, puts it into action
What is Judiciary?
Courts - resolves disagreements about the law
What is rule of law?
no one is above the law, rights are protected. Equality before the law.
Arguments FOR a BOR
- protects rights of minority groups. 2. parliament cant be trusted with protection of rights. 3. It will make rights clearer and increase community’s awareness.
Arguments AGAINST a BOR
- difficult to change. 2. Increase power of unelected High Court. 3. limiting our protection, clog the courts.
what are non legal rules?
controls behaviour, rule is broken - consequences that are not legally binding (eg, at school/home).
What are legal rules?
legally binding, legal consequences, regulate behaviour, protect rights.
What is the importance of a costitution?
rulebook for government, can only be changed by referendum, interpreted by High Court (uphold rights)
What is representative Government?
allows people to have control over legislative power, adults can vote. (Citizens elect representatives to make laws on their behalf).
What is responsible government?
allows people to control exercise of executive power. (government is formed by political party, majority seat in lower house of parliament).
What are some of the features of the adversary system?
independent + impartial judge, party control
what is burden of proof? - criminal case
either prosecution has burden of proof, or beyond reasonable doubt
what is standard of proof? - criminal case
the prosecution must prove guilt beyond reasonable doubt
what is burden of proof? - civil case
role of plaintiff, to prove that the defendant has committed a civil wrong
what is standard of proof? - civil case
balance of probabilities
the legal rights
right to remain silent, presumption of innocence, to be heard, fair trial.
what is admissible evidence?
allowed to be presented to court, it conforms rule of evidence (reliability and relevance).
what is inadmissible evidence?
NOT allowed to be presented to court, not consistent with rules of evidence (hearsay, opinion evidence).
What is hearsay evidence?
eg, a witness relays what another person told them
Rule of evidence
ensure a fair trial, both parties have a equal opportunity to prepare + present their case, protect rights of trial participants
what is the purpose of examination-in-chief?
to extract evidence to prove the facts needed for the party’s case.
what is the purpose for cross-examination?
to challenge the reliability of the witness’s evidence
what does it mean when the judge sustains an objection
rules out the question
what does it mean when the judge overrules the objection?
allows the question
